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{
    "id": 479199,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/479199/?format=api",
    "text_counter": 318,
    "type": "speech",
    "speaker_name": "Hon. Langat",
    "speaker_title": "",
    "speaker": {
        "id": 384,
        "legal_name": "Benjamin Kipkirui Langat",
        "slug": "benjamin-langat"
    },
    "content": "with an instrument before the Committee, we should ask the question whether it is in accordance with the provisions of the Constitution and the Act, pursuant to which it is made and other relevant written laws. Therefore, that is a very fundamental requirement. I will mention about three or four instruments. The Committee shall consider in respect of any statutory instrument whether it:- (a) infringes on the fundamental rights and freedoms of the public; (b) contains a matter which in the opinion of the Committee should more properly be dealt with in an Act of Parliament; (c) contains imposition of taxation; (d) is defective in its drafting or for any other reason the form or purport of the statutory instrument calls for any elucidation. Hon. Temporary Deputy Speaker, more importantly it should not impose a fine, imprisonment or other penalty without express authority having been provided for in the enabling provision. If it will be the finding of the Committee that any statutory instrument does not comply with those requirements and others under that Standing Order No. 210 and also the provision of the Constitution and the Statutory Instruments Act, then Standing Order 210(4)(b), shall apply. It provides that the Committee shall then resolve that the statutory instruments be acceded to. That is, if it is in compliance with what I have said. If it is not or if it does not accede to the statutory instruments, the Committee may recommend to the House that the Assembly resolves that all or part of the statutory instrument be annulled. The statutory instrument before the House is the regulations that were published by the National Construction Authority (NCA). The Committee had the privilege of conducting several sittings with the Authority. In the interest of time and because the Report is so clear, the Committee found that apart from Regulation 24(2), the Regulations established comply with the requirements of Section 13 of the Statutory Instruments Act and other enabling provisions of that particular Act. It also complies with the provisions of the Constitution and those of Standing Order No.210 of this House. The challenge with Regulation 24(2) is that it provides for a penalty that exceeds what is provided for by the Statutory Instruments Act. The National Construction Authority Act does not provide for a penalty and, therefore, we fall back to the provisions of the Statutory Instruments Act. This is, therefore, the only regulation that is not in accordance with the relevant statutes. In this case, Regulation 24(2) seeks to impose a higher penalty of Kshs50,000 which is more than the maximum penalty of Kshs20,000 as provided for under Section 24(5) of the Statutory Instruments Act. So, the law is very clear and that is the position. We have the powers under Standing Order No.210(4)(b) to recommend to this House to annul that particular regulation. In view of the foregoing and pursuant to the provisions of Section 13 and other provisions of the Statutory Instruments Act and Standing Order No.210(4)(b), the Committee recommends to the House that Regulation 24(2) be annulled. It is important for Members to know that it is not the business of this House to help regulation making institutions to make regulations. Ours is a House. Ours as a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}